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(영문) 수원지방법원안산지원 2015.07.22 2014가단107000
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of each of the statements in Gap evidence Nos. 1 and 3, it is recognized that the plaintiff filed a complaint with the defendant's husband C on the charge of breach of trust, and in the process of the agreement on this issue, Eul filed a promissory note with the plaintiff on Nov. 26, 2008, the amount of KRW 10,000,000 (hereinafter "the Promissory note in this case") and the certificate of personal seal impression issued by the defendant himself on Nov. 26, 2008.

2. Summary of the plaintiff's assertion

A. C suggested that a promissory note amounting to KRW 10,000,000 should be paid to the Plaintiff as agreed amount.

However, since C did not have any property under its own name, the Plaintiff demanded C to enter into an agreement on the payment of agreed amount with the Defendant who is his wife.

He stated that “The Defendant could not make the instant promissory note and a certificate of personal seal impression issued by the Defendant himself,” while he stated that “The Defendant could not make the instant promissory note and a certificate of personal seal impression affixed by the Defendant.”

B. Therefore, the defendant entered into an agreement for the payment of agreed amount with C or the power of representation to enter into an agreement for the payment of agreed amount with C.

Even if not,

Even in light of the fact that C has the basic right of attorney, and as above, C has the instant promissory note and the certificate of personal seal impression issued by the Defendant with the seal imprint affixed by the Defendant, there was a justifiable reason to believe that at the time the Plaintiff had the right to enter into an agreement on behalf of the Defendant for the Plaintiff.

C. Therefore, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 12,711,00,000 as agreed and the delay damages of KRW 10,000 as agreed principal.

3. Determination

A. If a seal affixed to a person who signed a document of relevant legal principles is affixed with his/her seal affixed thereto, the authenticity of the seal shall be established, i.e., the act of affixing the seal shall be based on the intention of the person who signed the document, unless there are special circumstances, and once the seal is affixed.

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